August 5, 2010

Proposition 8 Overturned

Because I was busily preparing for a meeting of the diocese’s Committee on Canons yesterday afternoon, I had little time to explore or revel in the U.S. District Court decision invalidating California’s Proposition 8. Today, however, I have at least looked at the decision (you can do so here) and am pleased with what I see. Alas, the opinion is 138 pages long, so it may take me a while to get around to reading it all. The last few pages, however, are especially noteworthy. Here is a sample from page 135 (137 of the PDF file):
Moral disapproval alone is an improper basis on which to deny rights to gay men and lesbians. The evidence shows conclusively that Proposition 8 enacts, without reason, a private moral view that same-sex couples are inferior to opposite-sex couples. FF 76, 79-80; Romer, 517 US at 634 (“[L]aws of the kind now before us raise the inevitable inference that the disadvantage imposed is born of animosity toward the class of persons affected.”). Because Proposition 8 disadvantages gays and lesbians without any rational justification, Proposition 8 violates the Equal Protection Clause of the Fourteenth Amendment.
The court, I think, is right on the money. Thank God for the U.S. Constitution.

No comments:

Post a Comment

Anonymous comments are not allowed. Gratuitous profanity or libelous statements will be removed. Comments will also be removed that include gratuitous links to commercial Web sites. Please stay on topic.